The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

Authorised exceptions to minimum hours of rest

7.—(1) The MCA may authorise collective agreements or workforce agreements which—

(a) provide exceptions to the minimum hours of rest mentioned in regulation 6(1)(b);

(b) provide for exceptions to regulation 6(2).

(2) A collective agreement or workforce agreement under paragraph (1)(a) must require that—

(a) there are at least 70 hours total rest in any period of 7 days;

(b) the exceptions provided for in the agreement do not apply in relation to a period of more than two consecutive weeks; and

(c) where the exceptions apply in relation to two periods separated by an interval, the interval is at least twice the duration of the longer of the two periods.

(3) A collective agreement or workforce agreement under paragraph (1)(b) must require that the 10 minimum hours of rest mentioned in regulation 6(1)(a) are divided into three periods—

(a) one of the three periods is at least 6 hours long and neither of the two other periods are less than one hour long;

(b) intervals between consecutive periods do not exceed 14 hours each; and

(c) the exceptions provided for in the agreement do not apply in relation to more than two 24 hour periods in any 7 day period.

(4) Paragraphs (2) and (3) do not apply in relation to ships which—

(a) operate only within 60 miles of a safe haven;

(b) are not engaged in the transport of cargo or passengers; and

(c) do not operate to or from, or call at, any port in a country other than the United Kingdom.

(5) A “safe haven” is a harbour of shelter of any kind which affords entry and protection from the weather.